Terms of Service

    A product of PixelNova LLC

    Effective Date: 15 of June, 2025

    These Terms of Service ("Terms") govern your access to and use of the Pixel Nova platform ("Service" or "Pixel Nova"), provided by PixelNova LLC, a company organized under the laws of Florida, United States ("Provider," "Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

    1. Acceptance and Eligibility

    1.1. Agreement to Terms

    By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

    1.2. Age Requirements

    You must be at least 13 years old to use Pixel Nova. Users between 13 and 18 years old must have parental or legal guardian consent. Users under 13 are strictly prohibited from using the Service in compliance with COPPA (Children's Online Privacy Protection Act).

    1.3. Legal Capacity

    You represent that you have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

    2. Account Registration and Security

    2.1. Account Creation

    Account registration is required to access AI generation features and certain functionality. You must provide accurate, complete, and current information during registration and maintain the accuracy of this information.

    2.2. Account Security

    • You are responsible for maintaining the confidentiality of your account credentials
    • You are fully responsible for all activities conducted through your account
    • You must immediately notify us of any unauthorized use or security breach
    • We reserve the right to suspend or terminate accounts with suspicious activity

    2.3. Account Information

    You agree not to create accounts using false information, impersonate others, or create multiple accounts to circumvent usage limits. Usernames and profile information must comply with our content policies.

    3. Service Description and Availability

    3.1. Service Features

    Pixel Nova provides AI-powered pixel art generation, image conversion tools, and related creative services. Features include but are not limited to:

    • AI-generated pixel art creation
    • Image-to-pixel-art conversion
    • Personal gallery and asset management
    • Editor tools and canvas functionality
    • Export and download capabilities

    3.2. Service Availability

    We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We do not provide service level agreements (SLAs) for free tier users.

    3.3. Beta Features and Updates

    We may offer beta or experimental features. These features are provided "as is" and may be modified or discontinued without notice. Pro users may receive early access to new features as part of their subscription benefits.

    4. Subscription Plans and Billing

    4.1. Plan Types

    • Free Tier: Limited generations and conversions with basic support
    • Pro Subscription: Monthly recurring subscription with increased limits and priority features
    • Buy-as-You-Go (Future): Pay-per-use model for additional credits beyond subscription limits

    4.2. Payment Processing

    All payments are processed securely through Stripe, Inc. By subscribing, you authorize us to charge your chosen payment method for applicable fees. We do not store your payment information on our servers.

    4.3. Billing and Renewals

    • Subscription fees are billed monthly in advance
    • Subscriptions automatically renew unless cancelled
    • Usage limits reset at the beginning of each billing cycle
    • Price changes will be communicated with at least 30 days notice

    4.4. Cancellation and Refunds

    • You may cancel your subscription at any time through your account settings
    • Cancellation takes effect at the end of the current billing period
    • No refunds are provided for partial months except where required by law
    • Refunds may be granted at our sole discretion for technical issues or service failures
    • Disputed charges should be reported within 60 days

    4.5. Usage Limits and Overage

    Each plan includes specific usage limits. Exceeding limits may result in service restrictions until the next billing cycle or require additional credit purchases when available.

    5. User Content and Intellectual Property

    5.1. Content Ownership

    You retain full ownership of all art and content you create using Pixel Nova, including AI-generated pixel art. This includes commercial rights to use, modify, distribute, and monetize your creations without restriction.

    5.2. License to PixelNova

    You grant us a non-exclusive, royalty-free, worldwide license to:

    • Store, process, and display your content as necessary to provide the Service
    • Use anonymized, aggregated data for service improvement and analytics
    • Perform automated content moderation and safety checks

    5.3. Public URLs and Accessibility

    Generated images are stored with publicly accessible URLs by default. While these URLs are not indexed or easily discoverable, anyone with the URL can view the image. You can request removal of specific images through our support.

    5.4. Data Training Policy

    Currently, user-submitted data and generated content are not used for AI model training. We reserve the right to change this policy with advance notice and Privacy Policy updates. Any future use will include opt-out mechanisms.

    5.5. Copyright and DMCA

    You are responsible for ensuring your content does not infringe third-party rights. We respond to valid DMCA takedown notices. Repeat infringers may have their accounts terminated.

    6. Acceptable Use Policy

    6.1. Prohibited Content

    You agree not to create, upload, or distribute content that is:

    • Illegal, obscene, pornographic, sexually explicit, violent, or hateful
    • Harassing, discriminatory, threatening, or defamatory
    • Infringing on intellectual property rights of others
    • Containing malicious code or security vulnerabilities
    • Promoting illegal activities or substances

    6.2. Strictly Prohibited Activities

    The following activities are strictly forbidden and violate US federal law:

    • Generation of non-consensual intimate imagery (deepfakes)
    • Creation of sexually explicit content involving minors (real or simulated)
    • Any depiction of exploitation or abuse
    • Content that violates our AI model providers' terms (OpenAI, Hugging Face)

    6.3. Technical Restrictions

    You may not:

    • Reverse-engineer, decompile, or extract source code or AI models
    • Circumvent usage limits, security measures, or access controls
    • Use automated systems to spam or flood the service
    • Attempt to gain unauthorized access to other users' accounts or data
    • Interfere with or disrupt the Service's infrastructure

    6.4. Commercial Use Restrictions

    While you own your generated content, you may not:

    • Resell access to the Pixel Nova service itself
    • Create competing AI pixel art services using our outputs as training data
    • Use the service for high-volume commercial generation without appropriate plans

    7. Content Moderation and Enforcement

    7.1. Automated Moderation

    We employ automated systems to detect prohibited content including:

    • Blacklisted words and phrases in prompts
    • Content scanning for policy violations
    • Usage pattern analysis for abuse detection
    • Rate limiting and spam prevention

    7.2. Enforcement Actions

    Violations may result in:

    • Content removal or blocking
    • Temporary account suspension
    • Permanent account termination
    • Reporting to appropriate legal authorities
    • Forfeiture of remaining subscription benefits

    7.3. Appeals Process

    If you believe enforcement action was taken in error, you may appeal by contacting [email protected] within 30 days. We will review appeals in good faith but decisions are final.

    8. API Access and Developer Terms

    8.1. Future API Access

    API access may be offered in the future subject to separate terms and rate limits. Current rate limiting applies to web application usage.

    8.2. Rate Limits

    Current rate limits apply:

    • 200 requests per 15 minutes for general API endpoints
    • 250 requests per hour for AI generation endpoints
    • Additional limits based on subscription tier

    9. Data and Privacy

    9.1. Data Collection

    Our data collection and use practices are governed by our Privacy Policy, which is incorporated by reference into these Terms.

    9.2. Data Export

    You may request export of your personal data and generated content by contacting support. We will provide data in a commonly used, machine-readable format within 30 days.

    9.3. Data Retention

    We retain user data as outlined in our Privacy Policy. Upon account deletion, personal data is removed within 30 days, though generated images may remain publicly accessible unless specifically requested for removal.

    10. Third-Party Services

    10.1. Service Providers

    Our service integrates with third-party providers:

    • Stripe: Payment processing and subscription management
    • Supabase: Database and authentication services
    • OpenAI & Hugging Face: AI model providers
    • Cloudflare: Content delivery and security

    10.2. Third-Party Terms

    Your use of integrated services is subject to their respective terms of service. We are not responsible for third-party service availability or policies.

    11. Disclaimers and Warranties

    11.1. Service Disclaimer

    THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.

    11.2. AI-Generated Content

    AI-generated content may be unpredictable. We do not guarantee the accuracy, quality, or appropriateness of generated outputs. Users are responsible for reviewing and validating all generated content.

    11.3. External Links

    We are not responsible for the content or availability of external websites or services linked from our platform.

    12. Limitation of Liability

    12.1. Liability Cap

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

    12.2. Excluded Damages

    WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THEIR POSSIBILITY.

    12.3. Force Majeure

    We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or third-party service outages.

    13. Indemnification

    You agree to indemnify, defend, and hold harmless PixelNova LLC, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

    • Your use of the Service or violation of these Terms
    • Your content or any intellectual property infringement
    • Your violation of any third-party rights
    • Any misuse of generated content or our intellectual property

    14. Termination

    14.1. Termination by You

    You may terminate your account at any time by contacting support or using account deletion features. Paid subscriptions will continue until the end of the current billing period.

    14.2. Termination by Us

    We may suspend or terminate your access immediately for:

    • Violation of these Terms or our policies
    • Failure to pay subscription fees
    • Illegal or harmful activities
    • Extended periods of inactivity

    14.3. Effect of Termination

    Upon termination, your right to use the Service ceases immediately. We may delete your account data subject to our Privacy Policy, though generated images with public URLs may remain accessible.

    15. Dispute Resolution

    15.1. Governing Law

    These Terms are governed by the laws of the State of Florida and the United States, without regard to conflict of law principles.

    15.2. Arbitration

    Any disputes arising under these Terms shall be resolved through binding arbitration in Florida, administered by the American Arbitration Association, except where prohibited by law or for claims under $10,000.

    15.3. Class Action Waiver

    You agree to resolve disputes individually and waive any right to participate in class actions, except where prohibited by law.

    16. Export Control and International Use

    16.1. Export Compliance

    The Service may be subject to US export control laws. You agree to comply with all applicable export and import laws and regulations.

    16.2. International Access

    The Service is operated from the United States. Users accessing from other jurisdictions are responsible for compliance with local laws.

    17. Modifications and Updates

    17.1. Terms Updates

    We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect.

    17.2. Service Changes

    We may modify, suspend, or discontinue any aspect of the Service with or without notice. We will provide reasonable notice for material changes affecting paid features.

    17.3. Continued Use

    Your continued use of the Service after Terms modifications constitutes acceptance of the updated Terms. If you disagree with changes, you may terminate your account.

    18. General Provisions

    18.1. Entire Agreement

    These Terms, together with our Privacy Policy, constitute the entire agreement between you and PixelNova LLC regarding the Service.

    18.2. Severability

    If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

    18.3. Assignment

    You may not assign or transfer your rights under these Terms. We may assign our rights and obligations to any party without restriction.

    18.4. Waiver

    Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

    18.5. Notices

    Legal notices will be sent to the email address associated with your account. You are responsible for keeping your contact information current.

    19. Contact Information

    For questions about these Terms or the Service, contact us at:

    PixelNova LLC
    Legal Department
    Email: [email protected]
    Subject Line: "Terms of Service Inquiry"

    For billing questions, use subject line "Billing Inquiry"
    For DMCA notices, use subject line "DMCA Notice"
    For abuse reports, use subject line "Abuse Report"